Personal Injury

 

If you have been involved in an accident, don’t settle with the insurance company until you call us. At Hoffman, Larin & Agnetti, P.A. our experienced attorneys will help you understand what your rights are, and how to get what you are owed.

The attorneys at Hoffman, Larin & Agnetti, P.A. has been helping the residents in Miami, Ft. Lauderdale, Key West and the Florida Keys for over 35 years and we are known for our ability to achieve excellent results in personal injury cases. Check some of our past results here. No matter what the details of your injuries, we can help you recover finances and obtain additional assistance for future expenses caused by your injury.

If you have been injured you are entitled to compensation for:

• Lost Wages     
• Hospital and Other Medical Bills
• Damage to Vehicle or Other Property
• Pain and Suffering           
• Future Care Costs

Our attorneys have the knowledge and experience in all aspects of Personal Injury including:

• Negligent Security
• Slip and Fall Accidents
• Automobile Accidents
• Wrongful Death
• Medical Malpractice
• Boat Accidents 
• Motorcycle Accidents
• Pedestrian Accidents 
• Cruise Ship Accidents
• Nursing Home Negligence
• Work Injuries/Workers’ Compensation

What is Personal Injury?

Personal injury law refers to legal remedies involved in civil claims brought as a result of negligence or wrongful conduct. Most personal injury claims are based on the negligence doctrine which requires adults in our society to act in a responsible manner which prevents others from being placed at risk of harm. When negligence is established, the person who caused the harm must pay damages to the person harmed for his or her injuries.

Unlike a criminal case which is initiated by the government, a personal injury case starts when the plaintiff, through his or her attorney, files a civil complaint against another person, corporation, business or government agency, alleging irresponsible or careless actions. The bulk of personal injury claims are resolved through negotiation in an informal settlement rather than trials.

Personal injury attorneys will take careful note of the statutes of limitations in a personal injury claim; each state has their own statutes of limitations which govern the amount of time the person has in which to file a claim. For example, in the state of Florida, a plaintiff has four years from the time the accident occurred to file a personal injury claim.

If you or a loved one is the victim of a personal injury, the Hoffman, Larin & Agnetti attorneys can help. We firmly believe that the more you understand the nature of your case and the specific legal principles involved, the better we can serve you. Offering highly personal attention and aggressive representation for victims of accidents due to the negligence of another, our attorneys have more than 80 years of collective experience.

Whether your needs are best served by a negotiated settlement or hard-hitting litigator, we are dedicated to obtaining the best outcome possible on your behalf. We are proud of the scores of settlements we have secured for South Florida residents and of the level of experience we have in personal injury and wrongful death lawsuits at all levels in the Florida state and federal courts.

Do I Have a Personal Injury Case?

While your South Florida personal injury attorney will help you determine whether you have a valid personal injury claim, if you can answer “yes” to the four questions below, you probably do have a personal injury claim:

1. Did you suffer a personal injury? Obviously, there is no personal injury claim without a personal injury, which can be either physical, psychological, or both.
2. Was negligence involved in the accident? If another person acted in a careless or negligent manner—in a way that another reasonable person, under the same circumstances would not have acted—then there was negligence involved.
3. Did the negligence of the other person directly cause your injuries? Did the carelessness of the other person result in your injuries?
4. Can you show recoverable damages? If you can show you have monetary damages (medical expenses, lost wages, physical pain, emotional suffering) as a result of the negligence of the other person, then you have recoverable damages. 

What Types of Personal Injuries Are There?

There are many different situations which can give rise to a personal injury claim, although not every situation in which someone is injured is going to lead to liability. Some of the most common types of personal injury claims include:

• Automobile Accidents—Car accidents are by far the biggest source of personal injury claims. A car accident usually occurs when someone is not following the rules of the road or is driving carelessly. Usually, a careless driver can be held financially responsible for injuries resulting from an automobile accident. In some cases, a negligent driver may not have auto insurance, therefore the injured person would have to carry uninsured/underinsured motorist insurance on his or her own insurance in order to be compensated for injuries. Florida is a no-fault insurance state, which is often misunderstood. Under Florida law, every driver must carry a minimum PIP (Personal Injury Protection) coverage of $10,000. Each driver’s PIP coverage takes care of his or her medical bills and lost wages, no matter who caused the accident. PIP insurance only covers 80 percent of medical bills and 60 percent of lost wages—and is also subject to a deductible. There are exceptions to PIP insurance, most notable is when a person suffers permanent injury as a result of the accident, or when the medical bills and lost wages are more than $10,000.    
• Boat Accidents—There are more boating accidents in the state of Florida than in any other state. While some of these accidents are just that—accidents—others are caused by negligent or reckless behavior. If another boat operator’s negligence caused injury, then those injured could be entitled to compensation for those injuries.
• Cruise Ship Accidents—Common cruise ship accidents include slip and falls, dock accidents, falling overboard, injuries while on shore excursions, swimming pool injuries, medical malpractice while on the ship, and even sexual or physical assault. When an injury or death occurs on navigable waters rather than in a U.S. port, maritime law applies. Under maritime law, the cruise line is only liable for an accident if the plaintiff can prove the operator of the ship knew or should have known about an unsafe ship condition.
• Medical Malpractice—Medical malpractice occurs when a health care professional acts in a negligent manner or fails to act, and either of these lead to serious injury. Health care professionals are required to act in a manner that any other health care professional would act, given the same circumstances. Misdiagnoses or lack of diagnosis are the most common types of medical malpractice, as either of these can prevent a person from obtaining the correct treatment for an illness or disease.
• Motorcycle Accidents—Motorcycle accidents often leave the motorcyclist with catastrophic injuries—or dead. The motorcyclist has virtually no protection in a collision other than a helmet—if worn—and protective “leathers” which could minimize road rash complications. It is extremely important to have an experienced motorcycle accident attorney who can address the potential complexities associated with a motorcycle accident and obtain an equitable settlement for the motorcyclist.
• Nursing Home Abuse—Placing an elderly loved one in a nursing home can be a heartbreaking decision which becomes gut-wrenching when it is discovered an elderly loved one was abused or neglected. Elder abuse can include physical abuse (pinching, hitting, slapping) and emotional abuse (intimidation through threats, yelling, humiliation, isolation, mocking and even terrorizing). Neglect can come in many forms, such as failing to ensure a patient has enough to eat or drink, has clean clothing, is given regular baths, etc. If an elderly loved one has suffered nursing home abuse, it is imperative that you speak to a knowledgeable South Florida nursing home abuse lawyer.
• Slip and Fall Accidents—When a slip and fall accident occurs in a public place due to the negligence of the owner or manager, the victim of the slip and fall may be able to file a personal injury claim if there were resulting injuries. A slip and fall accident can happen in a restaurant, a grocery store, a retail store, a mall, a parking lot, on a sidewalk, in a stairwell, at an apartment complex, at a hotel or motel or any number of other locations.
• Truck Accidents—Like motorcycle accidents, truck accidents often leave the victim severely injured. A small passenger vehicle is certainly no match for an 80,000-pound truck and trailer. Truck accidents can be particularly complex because there can be more than one defendant. Because trucking accident injuries can be catastrophic, it is necessary to ensure any settlement is sufficient to fully cover the injuries, lost wages and pain and suffering.
• Workers’ Compensation—Workers’ compensation covers injuries to workers which occur in the workplace. In some cases, however, there may have been negligence which caused the workplace accident, leading to a personal injury lawsuit as well.
• Wrongful Death—A wrongful death is essentially a personal injury claim in which the injured person dies as a result of his or her injuries. The family of the deceased may then bring a claim against the negligent party for damages associated with the death, including medical expenses, funeral expenses, lost future wages, lost consortium for a spouse, and lost guidance and care for children.
• Other Personal Injury—Other types of personal injury claims include construction accidents, dog bite injuries and assault and battery or other intentional injuries.

How Much is my Personal Injury Claim Worth?

The worth of your personal injury claim is dependent on the individual circumstances of your claim, and will depend on the level of your injuries, whether you were hurt badly enough that you are unable to return to work (and for how long), whether you endured loss of enjoyment of life as a result of your injuries and whether you endured pain and suffering or emotional trauma from the injuries.

How Long Will It Take to Settle my Personal Injury Case?

The length of time it will take to settle a personal injury case depends on the case itself, however in general, from the date of filing to settlement is approximately six months. If the case goes to trial, it can take as long as two or three years.

Do I Need a Personal Injury Lawyer?

If you have suffered a personal injury, it is extremely beneficial to have an experienced, knowledgeable South Florida personal injury attorney by your side. The law firm of Hoffman, Larin & Agnetti has been helping those in South Florida since 1973; this level of experience significantly benefits our clients. Our firm is well-known for obtaining great results for clients, providing personal attention to every client. We have offices in Miami, Ft. Lauderdale, Islamorada and Key West, and are available to help in our office, in the hospital or in your home. Our cases have been featured in such publications as the Miami Herald and The New York Times, as well as syndicated television and radio. Contact Hoffman, Larin & Agnetti today for exemplary legal representation.